Common use of Termination by the City for Cause Clause in Contracts

Termination by the City for Cause. The City may terminate this Agreement and the employment of the City Attorney at any time for cause upon the affirmative vote of at least three (3) members of the City Council. For purposes of this Agreement and this Section 3.1, “for cause” means the occurrence of any of the following events: (a) Employee’s material breach of this Agreement; (b) Employee’s failure or inability to perform her duties within the expectations of the City as determined by the City Council; (c) Employee’s arrest or conviction for a felony or any other crime involving moral turpitude or dishonesty which, in the good faith opinion of the City as determined by the City Council, would impair Employee’s ability to perform her duties or the City’s reputation; (d) Employee’s failure, refusal to comply with, violation, or breach of the North Las Vegas Charter, North Las Vegas Municipal Code, the City’s policies, procedures, standards, codes of conduct, or federal, state or local regulations which apply to the City; (e) Employee’s unauthorized disclosure of the City’s trade secrets and/or other confidential business information; (f) Employee’s breach of her duty of loyalty or other fiduciary duties; (g) Employee’s act of fraud, misrepresentation, dishonesty, concealment, theft, embezzlement, or the misappropriation of City assets; (h) Employee’s inability or failure to secure and/or maintain her required licenses by government agencies with jurisdiction over the City or Employee; (i) Employee’s continued unsatisfactory job performance; (j) the City Attorney manufacturing, distributing, dispensing, transporting, or possessing illegal drugs; (k) the City Attorney being under the influence of alcohol during working hours or while on City property or in City vehicles; or (l) the City Attorney misusing or abusing prescription drugs or having present in her body illegal drugs in any amount during working hours or while on City property or in City vehicles. It is expressly acknowledged and agreed that the decision as to whether “cause” exists for termination of the employment relationship by the City is delegated to the City Council. If Employee disagrees with the decision reached by the City Council any dispute as to the “cause” determination will be limited to whether the City reached its decision in good faith and not for any arbitrary, capricious or illegal reason, which shall be the standard applied by any fact finder.

Appears in 2 contracts

Samples: City Attorney Employment Agreement, City Attorney Employment Agreement

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Termination by the City for Cause. The City may terminate this Agreement and the employment of the City Attorney at any time for cause upon the affirmative vote of at least three (3) members of the City Council. For purposes of this Agreement and this Section 3.1, 3.2 “for cause” means the occurrence of any of the following events: (a) Employee’s material breach of this Agreement; (b) Employee’s failure or inability to perform her duties within the expectations of the City as determined by the City Council; (c) Employee’s arrest or conviction for a felony or any other crime involving moral turpitude or dishonesty which, in the good faith opinion of the City as determined by the City Council, would impair Employee’s ability to perform her duties or the City’s reputation; (d) Employee’s failure, refusal to comply with, violation, or breach of the North Las Vegas Charter, North Las Vegas Municipal Code, the City’s policies, procedures, standards, codes of conduct, or federal, state or local regulations which apply to the City; (e) Employee’s unauthorized disclosure of the City’s trade secrets and/or other confidential business information; (f) Employee’s breach of her duty of loyalty or other fiduciary duties; (g) Employee’s act of fraud, misrepresentation, dishonesty, concealment, theft, embezzlement, or the misappropriation of City assets; (h) Employee’s inability or failure to secure and/or maintain her required licenses by government agencies with jurisdiction over the City or Employee; (i) Employee’s continued unsatisfactory job performance; (j) the City Attorney manufacturing, distributing, dispensing, transporting, or possessing illegal drugs; (k) the City Attorney being under the influence of alcohol during working hours or while on City property or in City vehicles; or (l) the City Attorney misusing or abusing prescription drugs or having present in her body illegal drugs in any amount during working hours or while on City property or in City vehicles; or (m) the disability of the City Attorney as defined in Section 4.4 of the Agreement. It is expressly acknowledged and agreed that the decision as to whether “cause” exists for termination of the employment relationship by the City is delegated to the City Council. If Employee disagrees with the decision reached by the City Council any dispute as to the “cause” determination will be limited to whether the City reached its decision in good faith and not for any arbitrary, capricious or illegal reason, which shall be the standard applied by any fact finder.

Appears in 1 contract

Samples: City Attorney Employment Agreement

Termination by the City for Cause. The City may terminate this Agreement and the employment of the City Attorney Manager at any time for cause upon the affirmative vote of at least three (3) members of the City Council. For purposes of this Agreement and this Section 3.1, 3.1 “for cause” means the occurrence of any of the following events: (a) Employee’s material breach of this Agreement; (b) Employee’s failure or inability to perform her his duties within the expectations of the City as determined by the City Council; (c) Employee’s arrest or conviction for a felony or any other crime involving moral turpitude or dishonesty which, in the good faith opinion of the City as determined by the City Council, would impair Employee’s ability to perform her his duties or the City’s reputation; (d) Employee’s failure, refusal to comply with, violation, or breach of the North Las Vegas Charter, North Las Vegas Municipal Code, the City’s policies, procedures, standards, codes of conduct, or federal, state or local regulations which apply to the City; (e) Employee’s unauthorized disclosure of the City’s trade secrets and/or other confidential business information; (f) Employee’s breach of her his duty of loyalty or other fiduciary duties; (g) Employee’s act of fraud, misrepresentation, dishonesty, concealment, theft, embezzlement, or the misappropriation of City assets; (h) Employee’s inability or failure to secure and/or maintain her his required licenses by government agencies with jurisdiction over the City or Employee; (i) Employee’s continued unsatisfactory job performance; (j) the City Attorney Manager manufacturing, distributing, dispensing, transporting, or possessing illegal drugs; (k) the City Attorney Manager being under the influence of alcohol during working hours or while on City property or in City vehicles; or (l) the City Attorney Manager misusing or abusing prescription drugs or having present in her his body illegal drugs in any amount during working hours or while on City property or in City vehicles. It is expressly acknowledged and agreed that the decision as to whether “cause” exists for termination of the employment relationship by the City is delegated to the City Council. If Employee disagrees with the decision reached by the City Council any dispute as to the “cause” determination will be limited to whether the City reached its decision in good faith and not for any arbitrary, capricious or illegal reason, which shall be the standard applied by any fact finder.

Appears in 1 contract

Samples: City Manager Employment Agreement

Termination by the City for Cause. The City may terminate this Agreement and the employment of the City Attorney Manager at any time for cause upon the affirmative vote of at least three (3) members of the City Council. For purposes of this Agreement and this Section 3.1, 3.2 “for cause” means the occurrence of any of the following events: (a) Employee’s material breach of this Agreement; (b) Employee’s failure or inability to perform her his duties within the expectations of the City as determined by the City Council; (c) Employee’s arrest or conviction for a felony or any other crime involving moral turpitude or dishonesty which, in the good faith opinion of the City as determined by the City Council, would impair Employee’s ability to perform her his duties or the City’s reputation; (d) Employee’s failure, refusal to comply with, violation, or breach of the North Las Vegas Charter, North Las Vegas Municipal Code, the City’s policies, procedures, standards, codes of conduct, or federal, state or local regulations which apply to the City; (e) Employee’s unauthorized disclosure of the City’s trade secrets and/or other confidential business information; (f) Employee’s breach of her his duty of loyalty or other fiduciary duties; (g) Employee’s act of fraud, misrepresentation, dishonesty, concealment, theft, embezzlement, or the misappropriation of City assets; (h) Employee’s inability or failure to secure and/or maintain her his required licenses by government agencies with jurisdiction over the City or Employee; (i) Employee’s continued unsatisfactory job performance; (j) the City Attorney Manager manufacturing, distributing, dispensing, transporting, or possessing illegal drugs; (k) the City Attorney Manager being under the influence of alcohol during working hours or while on City property or in City vehicles; or (l) the City Attorney Manager misusing or abusing prescription drugs or having present in her his body illegal drugs in any amount during working hours or while on City property or in City vehicles; or (m) the disability of the City Manager as defined in Section 4.4 of the Agreement. It is expressly acknowledged and agreed that the decision as to whether “cause” exists for termination of the employment relationship by the City is delegated to the City Council. If Employee disagrees with the decision reached by the City Council any dispute as to the “cause” determination will be limited to whether the City reached its decision in good faith and not for any arbitrary, capricious or illegal reason, which shall be the standard applied by any fact finder.

Appears in 1 contract

Samples: City Manager Employment Agreement

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Termination by the City for Cause. The City may terminate this Agreement and the employment of the City Attorney Manager at any time for cause upon the affirmative vote of at least three (3) members of the City Council. For purposes of this Agreement and this Section 3.1, 3.2 “for cause” means the occurrence of any of the following events: (a) Employee’s material breach of this Agreement; (b) Employee’s failure or inability to perform his/her duties within the expectations of the City as determined by the City Council; (c) Employee’s arrest or conviction for a felony or any other crime involving moral turpitude or dishonesty which, in the good faith opinion of the City as determined by the City Council, would impair Employee’s ability to perform his/her duties or the City’s reputation; (d) Employee’s failure, refusal to comply with, violation, or breach of the North Las Vegas Charter, North Las Vegas Municipal Code, the City’s policies, procedures, standards, codes of conduct, or federal, state or local regulations which apply to the City; (e) Employee’s unauthorized disclosure of the City’s trade secrets and/or other confidential business information; (f) Employee’s breach of his/her duty of loyalty or other fiduciary duties; (g) Employee’s act of fraud, misrepresentation, dishonesty, concealment, theft, embezzlement, or the misappropriation of City assets; (h) Employee’s inability or failure to secure and/or maintain his/her required licenses by government agencies with jurisdiction over the City or EmployeeCity; (i) Employee’s continued unsatisfactory job performance; performance (j) the City Attorney Manager manufacturing, distributing, dispensing, transporting, or possessing illegal drugs; (k) the City Attorney being under the influence of alcohol during working hours or while on City property or in City vehicles; or (l) the City Attorney misusing or abusing prescription drugs or having present in her body illegal drugs in any amount during working hours or while on City property or in City vehicles. It is expressly acknowledged and agreed that the decision as to whether “cause” exists for termination of the employment relationship by the City is delegated to the City Council. If Employee disagrees with the decision reached by the City Council any dispute as to the “cause” determination will be limited to whether the City reached its decision in good faith and not for any arbitrary, capricious or illegal reason, which shall be the standard applied by any fact finder.;

Appears in 1 contract

Samples: City Manager Employment Agreement

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